MEDICAL MALPRACTICE INFORMATION - SETTLEMENTS

Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. We can get you the best representation available anywhere in the country. Our lawyers deal with claims on a contingency basis which means they don’t get paid unless they succeed. If you would like free medical malpractice information on the telephone from an expert attorney just complete the contact form.

What is medical malpractice?

• To succeed in a damages claim it is necessary for any lawyer to be up to date with their medical malpractice information. A competant attorney will show that it is more likely than not that their client has suffered injury which they would not otherwise have suffered but for negligent treatment. Treatment is negligent if a healthcare provider has fallen below the minimum standard of skill or care that the medical profession regards as reasonable in that particular area of the country. It is also necessary to prove through expert testimony that the negligence of the health care provider was a cause of injury or death. The mere fact that the outcome of treatment was unsuccessful does not necessarily mean that the treatment was inappropriate.

What does “informed consent” mean?

• A doctor is required to advise the patient of any procedure that is to be performed together with full information regarding all of the possible consequences and alternatives. If the consequences of not being properly informed are detrimental to the patient it may be possible to prove that the physician was negligent. There are certain emergency situations were the requirement to obtain the patients ‘informed consent’ are waived.

What is ‘limitation’?

• All states in the USA have legislation known as a ‘statute of limitations’ which is a law referable to the time limits within which legal action must be pursued. Medical malpractice information on limitation periods is essential as it can be can be crucial to the outcome of your claim. You should never rely on the written word which may be out of date. Advice should always be obtained as soon as possible from a local professionally qualified lawyer. The basic time limits vary considerably from state to state and there are often exceptions to the general rules for those who are classified as infants or for those who are mentally disturbed. Other exceptions may apply to ensure that time does not start to run until the negligent act is actually discovered or ought to have been discovered with reasonable diligence. These time limits are necessary because memories fade, witnesses die or relocate and documentation or computer records can be lost or corrupted. These evidential difficulties can result in the outcome of a trial being unfair.

Can I obtain my clinical records?

• Patients have a legal right to obtain copies of their clinical records which may be considered as a source of medical malpractice information. The records may be held in more than one location and it is necessary to make a written request. There may be a copying charge applied before the records are released.

What does “standard of care” mean?

• State law determines the definition of negligence however the “standard of care” that a physician must achieve is defined by the actions of the medical community at large. The relevant question to define negligence is whether on the available information any reasonable physician would have performed the same acts.

What is “contributory negligence”?

• Contributory negligence occurs when an injured person has failed to exercise care for their own safety which contributed to the injury. Failing to take medical advice or failure to attend examinations or refusal to take recommended medication may in certain circumstances be said to contribute to the final outcome of the patient’s health. Damages payable can be substantially reduced if the patient is guilty of contributory negligence.